Getting Pulled Over for a Second DUI

Getting pulled over for a DUI is scary enough the first time around. But when those blue and red lights flash in your rearview for a second time, it can feel downright terrifying. I get it – you made a mistake before, did your time, and tried to move on. And now here you are again, heart racing as the officer asks you to step out of the vehicle.

Let’s take a deep breath. I know you’re probably panicking about what happens next. But you have rights, and there are options to help you avoid harsh penalties for a second DUI. As your lawyer, I’m here to walk you through this step-by-step and fight for the best possible outcome.

Timing Matters a Lot with Second DUIs

Whether this second arrest counts as your second offense depends heavily on the timing. Most states have what’s called a “lookback period” – the number of years they look back to see if you have a prior DUI conviction. Common lookback periods are 5, 7, and 10 years.

So if you got a DUI 8 years ago, and get arrested again today in a state with a 5 year lookback, congratulations – this would count as your first offense, not second. That’s hugely beneficial in avoiding those scary second offense penalties.

But if it has been 3 years, that prior DUI comes back to haunt you. Now you’re looking at second offense charges instead of first offense. That’s a game changer in terms of what you’ll face.

Some states also have different lookback periods for second versus third or fourth DUIs. Like maybe 10 years for second offense, but any prior DUIs ever count as your third, fourth, fifth offense and so on.

The timing of your offenses is so important. So first thing’s first – I’ll analyze the dates of your prior conviction(s) and the current arrest, then advise you on whether we’re looking at a first or second offense based on your state’s laws.

What Makes a Second DUI “Aggravated”

There’s a difference between a “basic” second DUI and an aggravated one. Aggravating factors make the situation more serious in the eyes of the law. Some examples:

• High BAC – over 0.15% instead of just over 0.08%
• Drunk driving with a child passenger
• Causing an accident with injuries while driving impaired

If your second DUI has aggravators like these, you’ll face harsher penalties than a “simple” second offense. We’ll want to scrutinize the police report for any aggravating circumstances to understand the severity of charges you face.

Second Offense DUI = Way More Serious Penalties

Let’s be real – a second DUI conviction means bad news when it comes to penalties. Fines, fees, classes, license suspension – it all gets amped up with a prior conviction. Jail time becomes more likely too.

Whereas first offense DUIs are usually misdemeanors, a second DUI often becomes a felony. Now we’re talking about your criminal record, future job prospects, gun ownership rights. Not to mention possible prison time measured in years, not days.

I won’t sugar coat it – a second DUI carries life-changing penalties. But there are still ways to minimize the damage, which I’ll discuss more below.

Specific Penalties for Second Offense DUIs

Penalties vary widely by state, but here are some common consequences of a second DUI conviction:

Fines

Fines for a first offense generally top out around $1,000 to $2,000. But with a prior DUI, fines can jump as high as $10,000 in some states! Not to mention all the other costs – legal fees, classes, ignition interlock – that can add thousands more to your tab.

License Suspension

Say goodbye to your license for at least 1 year with a second offense. Many states make it 2 or even 3 years before you can drive again after a repeat DUI. And getting an occupational license with limited driving privileges will be tougher too.

Mandatory Jail Time

This is a big one. Nearly every state imposes mandatory minimum jail sentences for second DUIs. We’re talking at least several days behind bars, ranging up to 30 days, 90 days, 6 months, or even a year in some states. Not the kind of time you want to spend in lockup.

Probation

If you manage to avoid jail, or only serve a short sentence, probation will almost certainly be part of your penalty. At least 1 year is standard for second DUIs, but often it’s 2 years or more. And you have to follow all those probation conditions perfectly or risk being revoked and sent to jail anyway.

Alcohol Education Programs

More classes and treatment programs will likely be ordered too. Even if you completed alcohol education before, most states make you do it again for a second DUI. And you have to pay for it, of course.

Vehicle Impoundment

In some states, your car may be impounded or have an ignition interlock device installed that requires you to pass a breath test before driving. This gets pricey fast.

Court Costs and Legal Fees

Don’t forget all the court costs and attorney’s fees that come with a DUI case. These can amount to thousands on top of fines and other expenses. Not to mention if you lose work time while sitting in jail.

Felony Conviction

As mentioned above, a second DUI often becomes a felony charge. Now we’re talking about being convicted of a serious crime that stays on your record forever. This can mean:

• Longer jail sentences
• Loss of gun ownership & voting rights
• Difficulty finding jobs, housing, loans

So those are some of the harsh realities you’re facing with a second offense DUI. But take a deep breath – all hope is not lost. Let’s talk about some options to help you avoid the worst penalties.

Fighting Second Offense DUI Charges

Don’t just give up and plead guilty! There are defenses we can use to contest the charges. For any DUI, the prosecution must prove these key elements beyond a reasonable doubt:

1. You were driving the vehicle
2. You were impaired by alcohol or drugs
3. Your BAC exceeded the legal limit

If we can create reasonable doubt about any of these elements, we can get an acquittal or at least negotiate a plea bargain to lesser charges.

Some common ways to fight second offense DUI charges include:

DUI Stop Was Illegal

If the officer didn’t have valid reason (like swerving, etc) to pull you over in the first place, we can argue an illegal stop and try to get evidence thrown out.

Faulty Field Sobriety or Breath Tests

Mistakes in how field sobriety tests or Breathalyzer tests were conducted can be used to challenge the results.

Medical Condition Mimics Intoxication

Some health conditions like diabetes or neurological issues can mimic signs of impairment, leading to a false DUI.

Medications Explained Breath Test Results

Certain meds like inhalers contain alcohol and can cause false high Breathalyzer readings.

Mouth Alcohol Throws Off Breath Test

Burping, vomiting, or acid reflux shortly before the breath test can result in an inflated BAC reading.

Illegal Blood Test

Blood tests done without a warrant or proper consent can be ruled inadmissible.

These are just some examples – an experienced DUI lawyer like me can dig deep into the details of your case to find defenses to use.

Plea Bargaining a Second DUI Charge

If we can’t beat the charges entirely, my goal is still to get them reduced through plea bargaining. I’ll negotiate aggressively with the prosecutor to minimize the penalties you face.

Potential strategies include:

• Plead guilty to reckless driving instead of DUI
• Get charged with first offense instead of second
• Have aggravators like high BAC removed
• Get community service instead of jail time
• Reduce length of license suspension

Even one of these plea bargain “wins” would be huge in reducing the impact on your life. I’ll craft the strongest case possible and leverage any weaknesses to get charges dropped or reduced.

Alternative Sentencing Options

For second DUIs with mandatory minimum jail sentences, alternative sentencing options can be a life-saver. These can include:

House Arrest

Also called home confinement, this allows you to serve your sentence at home with an ankle monitor instead of rotting in a jail cell.

Work Release

You report to jail overnight and on weekends, but are released during work hours so you don’t lose your job.

Weekender Jail

Same concept as work release but serves your sentence on weekends only. Lets you keep working and taking care of family obligations.

Treatment Programs

Inpatient or outpatient alcohol treatment programs can substitute for jail time. The focus is rehabilitation, not punishment.

Community Service

Some judges will allow community service to replace jail, like working for Habitat for Humanity, cleaning parks, etc. Lets you give back without being locked up.

We’ll have to convince the judge, but programs like these are well worth pursuing to avoid sitting in jail and losing your livelihood. I’ll present the strongest case possible for why you deserve alternative sentencing.

What NOT to Do After a Second DUI Arrest

I want to wrap up with a quick word of caution on what NOT to do after getting charged with a second DUI:

• Don’t admit guilt or apologize to the officer. Anything you say can be used against you.
• Don’t refuse breath or blood testing. Refusal can have worse penalties than just being over the limit!
• Don’t try handling this alone. Get experienced legal help ASAP – it’s critical for a second offense.
• Don’t violate bail terms or you’ll be jailed until your hearing.
• Don’t drive at all until your case is resolved, or you could face additional charges.
• Don’t talk to police or prosecutors without your lawyer. They aren’t on your side.

I know you’re scared and overwhelmed. But you have an ally in me – I’ve helped hundreds of people in your shoes. We’ll get through this together.

The next step is to set up a meeting so I can learn the details of your case and start building your defense strategy. Don’t lose hope. With smart legal moves, we can avoid the worst outcomes so you can move forward with your life.